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HomeMy WebLinkAbout1.0 ApplicationSPECIAL USE APPLICATION CLOUGH PIT The following impact statement will attempt to address concerns as outlined by Garfield County for a Special Use Permit. Location The proposed site known as the Clough Pit is immediately adjacent to land under permit by Flatiron Paving Company for a sand and gravel mining operation. If county approval is gained Flatiron Paving Company will seek an amendment to this existing state permit (#76-54). This parcel of land is described as follows: A parcel of land situated in the SEQ of the NW; and all quarters of the SW; of Section 27, T6S, R94W of the 6th P.M., all within the County of Garfield, State of Colorado, containing 48 acres more or less. Land Use The proposed site is zoned A/R/RD and can best be described as agri- cultural in use. The land surrounding the site is also agricultural with sand and gravel mining occurring to the northeast. The Clough Pit is located on the west bank of the Colorado River; 1-70 is about 11/2 miles to the north and Rifle, Colorado is about 4 miles to the east. Access to I-70 is an existing haul road privately owned. Mining Method Sand and gravel mining operations across the country vary widely in the methods used for extraction. This is due to topography of the site, depth and thickness of the gravel deposit, height of the water table, quantity and rate of material extraction and equipment availability, and other considerations. Most Flatiron mining operations are open pit excavations. The procedures and equipment used are as follows: 1. Scrapers are used to remove the topsoil and to expose the aggregate below. 2. Because the aggregate is mined dry, a backhoe is used at this stage. The backhoe will dig a dewatering trench around the area to be mined. 3. At this time a pump is placed in the downstream end of the dewatering trench to keep the pit dry. 4. Two pieces of earth moving equipment are used to remove the aggregate. The front end loader is used in conjunction with a scraper or truck. Once the transporting vehicle has been filled by loader, the aggregate is either carried to the crusher or stockpiled for future use. An alternative method is to use a backhoe to remove the gravel and fill trucks. 5. Material will be crushed and stockpiled at the site. 6. In modern operations the reclamation process is simultaneous with the mining operation. Using topsoil and other overburden, the ground surface is shaped into final contours reestablishing land forms or creating new land forms for future use. Setbacks for this operation will conform to county standards. Earthmoving The Clough Pit amendment contains approximately 48 acres. Mining will affect about 36 acres. A total of about 2,000,000 tons of sand and gravel will be removed. Plans call for removal of a maximum of 200,000 tons per year for 10 years; however, yearly volume is affected by economic conditions. Maximum annual surface disturbed by excavation will not exceed 5 acres. Gravel depth on the average is 25 feet. Water Diversion and Impoundment No water will be used in the excavation process. NPDES permit #CO -0036471 has been issued for this operation. Size of Areas - Phasing - Disturbances Mining will follow the sequence described above and will be conducted in 5 stages. Overburden will be stripped from the areas to be mined with a scraper. Topsoil will be stockpiled for use during reclama- tion. These stockpiles will be placed near the area where they are to be used in conformance with reclamation plans. A dewatering trench around the area to be mined will be dug by a backhoe. Front end loaders will excavate the dewatered gravel face, leaving a base of approximately 8 inches of gravel above the bedrock shale. A portable crushing/screening plant will be located in the north- eastern part of the site near the haul road. Pit run gravel will be taken to the crusher by front end loader or conveyors. The crushing screening operation will produce aggregate for road base and hot -mix. Material will be stockpiled strategically near the crusher. During the construction season this material will be hauled by truck to construction sites. Haul roads and heavy traffic areas near the crusher will be watered for dust control. If economic conditions remain as projected mining will begin in the amendment area adjacent to the most recently mined pit in 1980 and will be completed in 1990. The following table is based on the maximum amount of sand and gravel available for mining. Stage Acres Years 1 3 1980-1981 2 10 1981-1983 3 7 1983-1985 4 11 1985-1988 5 5 1988-1990 Air Pollution A number of studies have been conducted to identify air pollution sources in non -urban environments. Fugitive dust made up 97% of the particulate emissions in a study of eight rural counties in northeastern Colorado. Major fugitive dust sources and their percent contributions to this 97% total were found to be: Agriculture Unpaved roads Aggregate storage Land development Residential, industrial and commercial construction Highway construction Quarrying, mining and tailings Cattle feedlots Sand -snow control 61% 35% This study was conducted by PEDCo-Environmental Specialists, Inc. and reported at the annual meeting of the Air Pollution Control Association, June 9-13, 1974, in Denver. The above figures indicate that a sand and gravel mining operation may have a minor impact on air pollution both as a mining operation and as a producer of traffic on unpaved roads. The mining operation is clearly the least significant of the two impacts. Since the contribution to fugitive dust from all sources except unpaved roads and agriculture may amount to only 4% in a non -urban Colorado environment, and since research indicates that most dust generated by mining operations settles within 730 feet, mining activity at the Clough Pit is unlikely to be an important source of air pollution to adjacent land owners. (There are no adjacent land owners within 730 feet of the plant and stockpile area.) It is important to note that the plant and stockpile area is located in the permitted section of the Clough Pit which has received state and county approval. The Clough Pit operation will mitigate for the small contribution of particulate by use of spray bars on the crusher, by minimizing the area to be disturbed at one time and by prompt reclamation procedures. The mine site and all plants operating at it are permitted as re- quired by state law. Noise The proposed amendment to the permitted mine site is a relatively flat valley of the Colorado River. The nearest town, Rifle, is about 4 miles away. There is no residential housing nearby. The ambient sound pressure level (SPL) for much of the valley floor is in the range of 47 dB(A). Ambient sound pressure level includes such noise sources as farm equipment, birds, passenger cars, air- craft, the Colorado River and rustling grass. Colorado State law (Senate Bill No. 197, 1971) limits the allowable daytime noise level for industrial sites to 80 dB(A) with peaks of 85 dB(A) allowed for 15 minutes of any 60 minute time period. These noise levels are to be measured 25 feet outside the property line, not at the noise source. In calculating the amount of noise at a given location, the noise is measured at its source and a formula is used to calculate the sound pressure lost due to distance (S): SPL = 20(1og10S1 + 0.5 There is also a ground and air loss ("secondary loss")_ assumed to be approximately 13 dB(A). At the Clough Pit the crusher is expected to be the loudest noise source. If the crusher is located 550 feet from the nearest pro- perty line (mid -river); the noise it generates will be calculated at 575 feet from its source (the crusher), or 25 feet outside the property line. At this distance, the crusher noise will be 29.3 dB(A). This is well below the probable ambient sound level of the valley. Noise will also be generated by the truck traffic utilizing the private haul road to I-70. This route does not impact any county road or nearby resident. By proper maintenance of exhaust systems, driver awareness of noise control procedures, reasonable operating speeds and minimum use of engine brakes, truck noise can be miti- gated. Again, it is important to note that this area has already received state and county approval and that a noise problem will be very minimal to adjacent landowners as there are no nearby residences. Traffic - Number of Employees The following figures must be considered estimates as all sand and gravel operations depend on the construction season, bids awarded, economic considerations, etc. Using the maximum expected amount of 200,000 tons/year produced, truck traffic volume should be 35 round trips per day. Because this is an amendment to an existing sand and gravel permit no additional traffic impact will be generated. Placement of the plant site at the extraction site reduces the use of county roads in that there is no haul on public roads from mine to processing site. This placement is the most cost- and environ- mentally -effective arrangement. It reduces use of energy supplies, use of public roads and lessens air pollution from vehicular traffic. The haul road will be approximately 1.7 miles of private road leading to I-70. The route will have little impact on county roads or residences and will not pose a safety hazard. All vehicles used on public highways will meet state regulations and size and weight characteristics. The maximum number of employees should be between 10-15. Reclamation Report Our company's reclamation of mined lands will provide a basic level of rehabilitation. This includes grading, drainage and grass seeding. Any improvements beyond this basic level would be made with due regard for the ultimate land use ownership and economics. Reclamation includes the creation of several lakes with three or four islands positioned in such a way that they will preserve large trees. Reclamation will proceed concurrently with mining. Lake surface will be determined by the size and positioning of islands. The final position will be agreed upon by Bill Clark of the Division of Wildlife, W. F. Clough (owner) and Flatiron Paving Company. Banks will be backfilled and shaped to a natural, aesthetically pleasing appearance. Gradients will be conducive to revegetation, erosion prevention and safety. All slopes will conform to Mined Land Reclamation Board standards. Special care will be taken to preserve trees and wetland areas. The Mined Land Reclamation Board requires a bond for reclamation of the site. This will be done when Flatiron applies to the state for a permit. Note: No vapor, smoke, glare or vibration or other emanations will be generated by this mining operation. FLATIRON PAVING COMPANY P, O, BOX 1 1 3 7 • G R E E L E Y, COLORADO 8 0 6 3 1 • P HONE : (3 0 3) 3 5 3- 2 7 7 7 June 4, 1980 Garfield County Commissioners 2014 Blake Ave. Glenwood Springs, CO 81601 Dear Commission: Flatiron Paving Company requests a Special Use Permit for an amendment to its sand and gravel open surface mining operation on a parcel of land known as the Clough Pit. The amendment is described as follows: A parcel of land situated in the SFr of the NA and all quarters of the SA of Section 27, Township 6 South, Range 94 West of the 6th P.M., all within the County of Garfield, State of Colorado, containing 50 acres more or less. Flatiron Paving Company is currently mining sand and gravel on the Clough property under Mined Land Reclamation Board Permit #76-54. The additional proposed 50 acres will be an amendment to the existing permitted mining site. The proposed site is zoned A/R/RD and can best be described as agricultural in use. The land surrounding the site is also agricultural with sand and gravel mining occurring to the northeast. The Clough Pit is located on the north bank of the Colorado River; I-70 is about 1 mile to the north and Rifle, Colorado is about 4 miles to the east. Access to I-70 is an existing haul road (see map). No county roads will be affected by this mining operation. Sand and gravel mining operations across the country vary widely in the methods used for extraction. This is due to topography of the site, depth and thickness of the gravel deposit, height of the water table, quantity and rate of material extraction and equipment availability, and other considerations. Most Flatiron mining operations are open pit excavations. The procedures and equipment used are usually as follows: 1. Scrapers are used to remove the topsoil and to expose the aggregate below. 2. Because the aggregate is mined dry, a backhoe is used at this stage. The backhoe will dig a dewatering trench around the area to be mined. 3. At this time a pump is placed in the down stream end of the dewatering trench to keep the pit dry. 4. Two pieces of earth moving equipment are used to remove the aggregate. A front end loader is used in conjunction with a scraper or truck. Garfield County Commissioners June 4, 1980 Page 2 5. Material will be stockpiled and crushed at the site. 6. In modern operations the reclamation process is simultaneous with the mining operation. Using topsoil and other overburden, the ground surface is shaped into final contours reestablishing land forms or creating new land forms for future use. The Clough Pit site is composed of approximately 50 acres of land. Mining will affect almost 37 acres. A total of about 2,000,000 tons of sand and gravel will be removed during a period of 10 years. Yearly quantity will depend on economic conditions and demand for the product. No water will be used in this mining operation. Water will be pumped from the dewatering trench so that the gravel can be mined dry. An NPDES permit covers the discharge. Our company's reclamation of mined lands will provide a basic level of rehabili- tation. This includes grading, drainage and grass seeding for sites reclaimed to agricultural use. The mine site will be reclaimed as a lake with several islands. All slopes will conform to Mined Land Reclamation Board standards. No mining will occur within 25 feet of the relocated slough or within 50 feet of the river. If you have any questions or concerns regarding this request for special use please call Margaret Winter or Bobbin Nichalson (P.O. Box 229, Boulder, Colorado, 80306; phone: 444-2151). Thank you. Sincerely, WI at 4 Mitchell M. immons Vice President ADJACENT PROPERTY OWNERS CLOUG I PIT 1. Leslie & Helen A. Dotson Rt. 1 Box 160 Rifle, CO 81650 2. John W. Savage 1122-293 Rd. Rifle, CO 81650 3. I. D. Vassar, et.al. Box 177 Perkins, Oklahoma 74059 +.5753 15. rar ,1- iLga' DI TCM 52 8 Gravel Pit 'ower ;•• Plant. - Gas, Well 1 15565 °Gas Well -"Gas Well Well LOCATION MAP r40DU 3�\..i1 CLOUGH PIT SECTION 27, T6S, R94W1/41 GARFIELD COUNTY United States Department of the Interior BUREAU OF LAND MANAGEMENT COLORADO STATE OFFICE ROOM 700. COLORADO STATE BANK BUILDING 1600 BROADWAY DENVER. COLORADO 60202 Mr. William F. Clough Box 686 Rifle, CO 81650 Dear Mr. Clough: As you know, we have been attempting to determine the ownership of a former island now part of the north shore of the Colorado River west of Rifle. This land is legally described as: IN REPLY REFER TO 1275 3610 7-162 Clough Pit Amendment T. 6 S., R. 94 W., 6th P.M. Sec. 27: SW1/4SW1/4, E1/2SW4 (within) We have researched our records and have determined that: 1. The island existed at the time of survey. 2. There are not records which purport to transfer title to this land out of Federal ownership. According to law, the United States retains ownership of islands which existed at the time of survey. This island was in existence at the time of survey. The United States has not conveyed any right, title, or interest in this land to any other party. Therefore, title to this land remains vested in the United States and gravel cannot be mined from this site without our express consent and authorization. CONSERVE AMERICA'S ENERGY Sincerely yours, Charles W. Luscher Acting State Director Save Energy and You Serve America! FEB 2_19811 GARFIELD CO. PLANNER ossa S OL'8I 9 f ',H COLORADO DEPARTMENT OF -CALTH Water Quality Control Division 4210 East llth Avenue Denver, Colorado 80220 SUMMARY OF RATIONALE HENRY BENDETTI COAL CO. NU GAP #3 MINE PERMIT NUMBER: CO -0036871 GARFIELD COUNTY TYPE OF FACILITY: Minor Industrial S.I.C. NO.: 1211 LOCATION: Southwest 1/4 of the Northeast 1/4 of Section 24, Township 5 South, Range 92 West, approximately 3 3/4 miles North of Silt. CONTACTS: RECEIVING WATER: CLASS: DESIGN FLOW: FACILITY DESCRIPTION: Henry Bendetti 911 Pitkin Ave. Glenwood Springs, CO 81601 (303)+945-5797 Farmers Irrigation Co. Ditch -Harvey Gap Reservoir Unclassified An Effluent Limited Segment Sedimentation ponds will be designed and constructed to contain a 10 -year, 24-hour precipitation event. The Nu Gap #3 'Mine is not currently operating and has not operated since 1977. Mining operations may resume within a maximum production of 8 tons of coal daily. There have not been and are no plans for crushing facilities or coal storage stockpiles on the Nu Gap #3 Mine property. PROPOSED LIMITATIONS FOR DISCHARGE 001: Parameter Limitations Rationale Flow, MGD N/A - monitor N/A Total Suspended Solids, mg/1 35/70 Best Engineering Judgement Total Iron, mg/1 3.5/7.0 Best Engineering Judgement pH, S.U. 6.0 - 9.0 State Effluent Standards Oil and Grease, mg/1 10.0 State Effluent Standards Salinity N/A - monitor N/A COLORADO DEPARTMENT OF .._ALTH Water Quality Control Division Summary of Rationale - Page 2 Permit No.: C0-0036871 Effluent Parameter Measurement Frequency Sample Type Flow, MGD Weekly Instantaneous or Continuous Total Suspended Solids Monthly Grab Total Iron Monthly Grab Oil & Grease Weekly Grab or Visual pH Weekly Grab Salinity Quarterly Grab DISSUCUSSION: A. Salinity On March 7, 1978, the Colorado Water Quality Control Commission adopted the "Regulation for Implementation of the Colorado River Salinity Standards Through the NPDES Permit Program." The first step towards complying with the regulation for the permit will be monitoring for salinity on a monthly basis for the first six (6) months. Therefore, monitoring will be a quarterly basis. Monitoring will be required at the wastewater discharge. Analysis for salinity may be either as Total Dissolved Solids (TDS) or by electrical conductivity where a satisfactory correlation with TDS has been established. The correlation should be based on a minimum of five (5) different samples. By 180 days from the beginning of discharge, the permittee shall submit a summary of salinity monitoring data to this Division and address the applicability of a waiver of salinity limitations as allowed in the "Regulations for Implementation of the Colorado River Salinity Standards Through the NPDES Permits Program", Regulations 3.10.0 through 3.10.5 and Appendix A. If a waiver is not allowed on the basis of monitoring data submitted, the permittee shall submit a full report addressing applicable portions of the above -referenced regulation within 360 days followingthe beginning of the -discharge. Monitoring for salinity following submittal of the salinity data summary shall be on a quarterly basis. COLORADO DEPARTMENT OF ..EALTH Water Quality Control Division Summary of Rationale - Page3 Permit No,: CO -0036871 B. Precipitation Event Overflow Exemption Any excess water (overflow caused by rainfall or equivalent snowmelt) from structures designed for a 10-year,24-hour precipitation event and constructed and maintained to contain or treat this volume of runoff from active mining areas, preparation plants, and associated areas shall not be subject to the previously listed effluent limitations. On page 3 of this permit, the permittee is required to submit verification that the facilities are designed, constructed, and maintained for the 10 -year, 24-hour precipitation event This permit is written for a five-year duration, expiring on September 30, 1985. It contains a reopener clause on page 10 so that the BAT limitations can be incorporated at a later time. The present schedule for the BAT limitations is October 1980 for the proposed rules and March 1981 for the final rules. Jerry Thompson September 4, 1980 Permit No. :CO -0036871 County: Garfield AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et. seq.; the "Act"), and the Colorado Water Quality Control Act (25-8-101 et. seq., CRS, 1973 as amended) Henry Bendetti Coal Company is authorized to discharge from their underground coal mine -Nu Gap No. 3 Mine, located in the Southwest 1/4 of the Northeast 1/4 of Section 24. Township 5 South, Range 92 West, to Farmers Irrigation Company Ditch (Harvey Gap Resevoir), in accordance with effluent limitations, monitoring requirements and other conditions set forth in Part I, II, and III hereof. This permit shall become effective thirty (30) days after the date of receipt of this permit by the Applicant. Should the Applicant choose to contest any of the effluent limitations, monitoring requirements or other conditions contained herein, he must comply with Section 24-4-104 CRS 1973 and the Regulations for the State Discharge Permit System. Failure to contest any such effluent limitations, monitoring requirement, or other condition is consent to the condition by the Applicant. This permit and the authorization to discharge shall expire at midnight, September 30, 1985. Signed this day of COLORADO DEPARTMENT OF HEALTH Gary G. Broetzman Di rector Water Quality Control Division 12/79 - Ln 1- Q) C C (1) •- Q +� a. +•, -a - a) C E U W L C d a) 4) a v 1-t 14- 1- +, W ur W co CC C71O O W 0 1, C M C J L O a) a .0 O E a) - N O - 1, 1- - a ro o -C O V) U Q in •- >- rn o 7 O•-• {n W C v w i-' 1- 01 01 E N 4-' c 1- N ro- W - ro W 'a 1 - CC C C Q) - ro ut d >- -- w to -C a)- 1- +-' N Z •- V) W al LQ) c 0 J• - .0 L . 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CO 0 v) E - L a 0 •- ) M 0 a) c CO L +, L O O a.: V) - ro }, U ro 4-' .-- ro ^ C 0 L t, W -0 a ..0 L a) X ..c c - 0. - a) +., 4- C O a) a U CD a) 0 +-' O ro a) (D E - ro •- a. a ro to 7 L U .0 to .0 a) •C In }, Z O - a' rD 1! v) u) N L 0 T ro .0 -- O 'a C O v) +-' C • - E no N a) C (0 v O C a) O c 0 C 7 '0 3 C rD •- a) - v) -- c O O 0' .- to 0 4., v) t C •- to .- C •- a) - O C - 4-) to 4-+ p - "a - a) - C 4-' a) 4.., L rD CO •- -- .0 0 0) 0 0 (0.A - 0 ro .X r0 .0 - L r0 O C L 4- N C.7 N 0 ..0 ID •- 4-, N 4-' 0) vl p 7 -a 0 .0 Z C v) +, .0 4., • - 4-' • - C T 4-' to 0 v) "0 `-' "0 O to r0 E E •- 4)•-(01-.-I00)-- 0) a) a) C L .- in •- L a) C .0 C - T o .0 cn 0) a) - a) - 0 rD - Cr)a - +, +- 0 to H L +, •- .0 rD r0 C r., • E C N L 0 (1) - a) - L O to O. to •-•- a) 0 to > o c v) \ 0_ C - L CO (D - E - C E O T .- -a 0- •- M in O ra co -C .0 a) _C ro -c 0 L L a., 4-, L a) a 0) T E 7 L T .0 ut U C 1- (r) 1- E 1- (.1) -co (.1) - 4 ut -0 to •- 0. .0 C +-, o -0 ro r C 2 •- c U •- • - C r0 - E C N CD a .0 •- \ \0) v) .- 3 no ro•- L E roI .01 .c• - to `�°4- c O 4-, -6E , .--a) ,- N a) H 'a to V) - 4- 4., V) - 0 0 r0 •- L w 1- I- rn 1- 0 1- H.c r PART I Page 3 of 15 PERMIT NO: C0-0036871 1. EFFLUENT LIMITATIONS (continued) Any excess water (ie, rainfall or equivalent snowmelt causing an overflow) from structures designed for a 10 -year, 24-hour precipitation event, and constructed and maintained to contain or"treat the volume of runoff from active mining areas, preparation plants, and associated areas shall not be subject to the above effluent limitations. The term "10 -year, 24-hour precipitation event" shall mean the maximum 24-hour precipitation event with a probable reoccurrence interval of once in 10 years. The rain gage of record shall be Index No. 7031 . The permittee has the option to maintain and operate a rain gage at the facility. The permittee shall submit to the Colorado Water Quality Control Division with in 90 days of the effective date of this permit, the 10 -year, 24-hour precipitation event, design criteria, as -built drawings, or other data which verify containment or treatment structures have been designed and constructed for the 10 -year, 24-hour precipitation event. 'ART 1 Page 4 of 15 PERMIT NO: CO -0036871 A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Continued) 2. Monitoring Requirements In order to obtain an indication of the probable compliance or non- compliance with the effluent limitations specified in Part 1, the permittee shall monitor and report all effluent parameters at the following required frequencies. Effluent Parameter Measurement Frequency c/d/ Sample Type e/ Flow Weekly Instantaneous or Continuous Total Suspended Solids Monthly Grab Total Iron Monthly Grab Oil & Grease Weekly Grab or Visual pH Weekly Grab Salinity f/ Quarterly Grab Self-monitoring samples taken in compliance with the monitoring requirements specified above shall be taken at Discharge Point 001. c/ Monitoring is required only during periods of discharge. If "no discharge" occurs, this shall be reported at the specified frequency. (See Part B.) d/ Should a discharge occur due to the 10 -year, 24-hour precipitation event, sampling of all parameters shall be done as minimum at the beginning and at the end of the discharge. The permittee shall also indicate on the monitoring report when the discharge is caused by this snowmelt or rainfall event. e/ See definitions, Part B. f/ Monitoring shall be on a monthly basis for the first six (6) months. Analysis for salinity may be either as Total Dissolved Solids (TDS) or by electrical conductivity where a satisfactory correlation with TDS has been established. The correlation should be based on a minimum of five (5) different samples. Monitoring will be required at Discharge Point 001. PART I Page 5 of 15 Permit No.00-0036871 B. MONITORING AND REPORTING 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. 2. Reporting Monitoring results obtained during the previous 6 months shall be summarized for each semi-annual period and reported on applicable discharge monitoring report forms, postmarked no later than the 28th day of the month following the completed reporting period. The first report is due on or before January 28, 1981 . If no discharge occurs, "No Discharge" shall be reported. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the Regional Administrator and the State at the following addresses: Colorado Department of Health Water Quality Control Division 4210 East llth Avenue Denver, Colorado 80220 3. Definitions U.S. Environmental Protection Agency 1860 Lincoln Street - Suitel03 Denver, Colorado 80295 Attention: Enforcement Permit Program a A "composite" sample, for monitoring requirements, is defined as a minimum of four (4) grab samples collected at equally spaced two (2) hour intervals and proportioned according to flow. b. A "grab" sample, for monitoring requirements, is defined as a single "dip and take" sample collected at a representative point in the. discharge stream. c. An "instantaneous" measurement, for monitoring requirements, is defined as a single reading, observation, or measurement using existing monitoring facilities. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to regulations published pursuant to Section 304(h) of the Act, and Colorado State Effluent Limitations (10..1.4),under which such procedures may be required. 5. Recording of Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date, and time of sampling; b. The dates the analyses c. The were performed; person(s) who performed the analyses; PART 1 Page 6 of 15 Permit No.CO-0036871 B. SPILL PREVENTION AND CONTAINMENT PLAN The permittee shall, within sixty (60) days after the effective date of this permit, submit to the State Water Quality Control Division, a spill prevention and containment plan, prepared by a professional engineer registered in the State of Colorado. Plans shall include information and procedures for the prevention and containment of spills of materials used, processed, or stored, at the facility which could possibly be spilled and might have a visible or otherwise detectable impact on the waters of the State. The pian should include but necessarily be limited to the following: v 1. N history of sDi l ls. '.'hi•ch have .occurred in the three (3) ears pre_ceedirc `_ective date or this Permit. The history she„ ..cHda that z _ "s and = a of preventive measuras- _ 2. A description of the reporting system which will be used to alert responsible facility management, the State Water Quality Control Division, the Environmental Protection Agency, downstream water users, and local health officials; 3. A description of preventative facilities (including overall facility plot) which prevent, contain, or treat, spills and unpianntu discharges; 4. A list of all materials used, processed, or stored, at the facility :..'hich represent a potential spill threat to surface waters; 5. An implementation schedule for additional facilities .4n1ch nicht be :ea,.1ired in (3) above, but which are not yet operational; 6. A list of available outside contractors, agencies, or other bodies whicH could be utilized in the event of a spill in order to clean up its effects; 7. Provision for periodic review and updating of the contingency plan. The foregoing provisions shall in no way render inapplicable those requirements imposed by Section 311 of the Federal Water Pollution Control Act Amendments of 1972, regulations promulgated thereunder, the Colorado Water Quality Control Act, and regulations promulgated thereunder. Nothing herein contained shall be construed as allowing any discharge to waters of the State other than through the discharge points specifically authorized in this permit. Nothing herein contained shall be construed as waiving any liability the permittee might have, civil or criminal, for any spill. If this facility has an approved spill prevention and containment plan now in effect, please submit a copy of this plan with an update, if necessary. 2/2/77 A. MANAGEMENT REQUIREMENTS PART II Page 7 of 15 Permit No. CO -0036871 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated change in discharge location and/or facility expansions, production increases, or process modifications which will result in new, different, or Increased discharges or pollutants must be,reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the State Water Quality Control Division of such changes. Process modifications include, but are not limited to, the introduction of any new pollutant not previously identified in the permit, or any other modifications which may result in a discharge of a quantity or quality different from that which was applied for. Following such notice, the permit may be modified to specify and licit any pollutants not previously limited. 2. Noncompliance Notification a. If, for any reason, the permittee does not comply with any maximum effluent limitation specified in this permit the permittee shall provide the Regional Administrator and the State Water Quality Control Division with the following information, in writing, within five (5) days of becoming aware of such condition: (1) A description of the discharge and cause of noncompliance; and (2) The period of noncompliance, including exact dates and time; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge. b. The permittee, as soon as it has knowledge thereof, shall notify the State Water Quality Control Division of any spill or discharge of any pollutant, not otherwise authorized in this permit, which may cause pollution of waters of the State. 3. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any effluent limitations specified In this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. /2/77 PART 1I Page 8 of 15 Permit No.CO-0036871 5. Bypassing Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions of this permit, or any activity that results in the avoidance of any required treatment for any process or run-off water, is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage; or (ii) where overflow from facilities designed, constructed, operated and maintained to treat or contain mine drainage, the wastewater from coal preparation plants, or runoff from associated areas results from a 10 -year, 24-hour precipitation event; or (iii) where runoff from specified undisturbed areas or reclaimed areas within the area delineated in Part III (Other Requirements) and diverted around the permittee's active operations has been authorized in writing to be discharged without numerical limitations or monitoring and reporting requirements. The permittee shall promptly notify the Regional Administrator and the State Water Quality Control Division in writing of each such diversion or bypass. If, for other reasons, a partial or complete bypass is considered necessary, a request for such bypass shall be submitted to the State Water Quality Control Division and to the Environmental Protection Agency at least sixty (60) days prior to the proposed bypass. If the_ proposed bypass is judged acceptable to the State Water Quality Control Division and by the Environ- mental Protection Agency, the bypass will be allowed subject to limitations imposed by the State Water Quality Control Division and the Environmental Protection Agency. If, after review and consideration, the proposed bypass is determined to be unacceptable by the State Water Quality Control Division and the Environ- mental Protection Agency, or if limitations imposed on an approved bypass are violated, such bypass shall be considered a violation of this permit; and the fact that application was made, or that e partial bypass was approved, shall not be defense to any action brought thereunder. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. 7. Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either: a. Provide an alternative power source sufficient to operate the wastewater control facilities; or, if such alternative power source is not in existence, and no date for its implementation appears in Part 1, b. Halt, reduce or otherwise control production and/or all discharges upon the reduction, loss, or failure of the primary source of power to the wastewater control facilities. PART II Page 9 of 15 Permit No. C0-0036871 8. Any discharge to the waters of the State from a point source other than specifically authorized is prohibited. B. RESPONSIBILITIES 1 Right to Entry The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator, and/or their authorized repre- sentative, upon the presentation of credentials: a. To enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit. c. To enter upon the permittee's premises to reasonably investigate any actual, suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process knowledge related to the discharge, permit, or alleged violation, and access to any and all facilities or areas within the permittee's premises that may have any affect on the dis- charge, permit, or alleged violation. 2. Transfer of Ownership or Control In the event of any change in control or ownership of facilities from which the authorized discharges emanate, the permittee shall notify the succeeding owner or controller of the existence of this permit by letter, a copy of which shall be forwarded to the Regional Administrator and the State Water Quality Control Division. 3. Availability of Reports Except for data determined to be confidential under Section 308 of the Act and Regulations for the State Discharge Permit System 6.1.8, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the State Water 0_uality Control Division and the Regional Administrator. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Act, and CRS (1973) 25-8-610. t+. Permit Modification After notice and opportunity for a hearing, the permit may be modified, suspended, or revoked in whole or in part during its term for cause including, PART II Page 10 of 15 Permit No. C0-0036871 4. Permit Modification (Continued) but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts, or c A change in any condition that required either a temporary or permanent reduction or elimination of the authorized discharge.• Changes in water quality standards, control regulation or duly promulgated plans would qualify as "a change in any condition." d. This permit shall be modified, or alternatively, revoked and reissued, to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C), and (D), 304(b)(2), and 307(a)(2) of the Clean Water Act, if the effluent standard or limitation so issued or approved: 1. Contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or 2. Controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements of the Act then applicable. 5. Toxic Pollutants Notwithstanding Part 11, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307 (a) of the Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part 11, A-7), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. 7. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Section 311 of the Act. 8. State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the c•ermittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority preserved by Section 510 of the Act. PART 11 Page 11 of 15 Permit No. CO -0036871 9. Permit Violations Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. 10. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 11. Severability The provisions of this permit are severable, and if any provisions of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. 12. At the request of a permittee, the Division may modify or terminate a permit and issue a new permit if the following conditions are met: a. The Regional Administrator has been notified of the proposed modifi- cation or termination and does not object in writing within thirty (30) days of receipt of notification, and b. The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes, and regulations for such modification or termination and c. Requirements of public notice have been met. PART III Page 12 of 1.5 PERMIT NO: CO -0036871 A. GENERAL REQUIREMENTS 1. The permittee shall not discharge after the expiration date of this permit. In order to receive authorization to discharge after the expiration date, the permittee shall, no later than 180 days prior to the expiration date of this permit, submit a new NPDES application and fees as required by the permit issuing authority. 2. The permittee is required to submit an annual fee as set forth in Section 25-8-502 C.R.S. 1973 as amended. Failure to submit the required fee is a violation of this permit and will result in the suspension of said permit and enforcement action pursuant to Section 25-8-601 et. seq., 1973 as amended. 3. Within sixty (60) days of the effective date of this permit, the permittee shall file a statement with the Environmental Protection Agency and the State Water Quality Control Division which shall contain the names of the person or persons who are designated to report conditions as noted in Part II, Section A. Paragraph 2a (Noncompliance Notification), and as noted in PART II, Section B, Paragraph 7 (Oil and Hazardous Substance Liability). The permittee shall continually update this list as changes occur at the facility. 4. Within three (3) months after the effective date of this permit, a flow -measuring device shall be installed at all discharge points. At the request of the Regional Administrator of the Environmental Protection Agency or the Director of the State Water Quality Control Division, the permittee must be able to show proof of the accuracy of any flow - measuring device used in obtaining data submitted in the monitoring report. The flow -measuring device must indicate values within ten (10) percent of the actual flow being discharged from the facility. 5. Discharge points shall be so designed or modified that a sample of the effluent can be obtained at a point after the final treatment process and prior to discharge to State waters. 6. Test procedures shall conform with those procedures specified in the Federal Register, Volume 38, Number 199, October 16, 1973. These procedures involve the use of the latest edition of one of the following references: 1. "Standard Methods for the Examination of Water and Waste Water", 2. "ASTM", Annual Book of Standards, Part 23, Water, Atmosphere Analysis, 3. "Methods for Chemical Analysis of Waters and Wastes", Environmental Protection Agency. PART III Page 13 of 15 PERMIT NO: CO -0036871 B. ADDITIONAL DEFINITIONS 1. The term "point source" means any discernible, confined, and discrete conveyance, including but not limited to any pipe, channel, ditch, tunnel, conduit, well, discrete fissure, container from which pollutants are or may be discharged. 2. The term "deactivated point" means any location previously specified as a permitted discharge point, where active mining and mining related activities have ceased and where reclamation has progressed to a state judged sufficient to the Water Quality Control Division. Any location having been identified & classified as a "deactivated point" in writing shall be considered as such for permitting, monitoring, and enforcement purposes. 3. The term "mine drainage" means any water drained, pumped or siphoned from a coal mine. 4. The term "active mining area" means a place where work or other activity related to the extraction, removal, or recovery of coal is being conducted, except, with respect to surface mines, any area of land on or in which grading has been completed to return the earth to desired contour and reclamation work has begun. 5. The term "coal mine" means an active mining area, including all land and property placed upon, under or above the surface of such land, used in or resulting from the work of extracting coal from its natural deposits by any means or method, including secondary recovery of coal from refuse or other storage piles derived from the mining, cleaning, or preparation of coal. 6. The term "coal preparation plant" means a facility where coal is crushed, screened, sized, cleaned, dried, or otherwise prepared and loaded for transit to a consuming facility. 7. The term "coal preparation plant associated areas" means the coal preparation plant yards, immediate access roads, slurry ponds, drainage ponds, coal refuse piles, and coal storage piles and facilities. PART III Page 14 of 15 , RMI NO i0;0.0387t 'S Figure 1 Henry Bendetti Coal Company NuGap #3 Mine r ~ � '-� p fri � o `� n ^ r�� ,- . _1__'_-------- Z 3 —rn c/= `' T/� � � - p)_. �- ' � � , v` � _^ ` �` ~ . � r�^ / = PART III Page 15 of 15 PERMIT NO: C0-0036871 • • ' Discharge Point 001 - FIGURE || Henry Bendetti Coal Company NuGap No. 3 Mine w --- • - -_ / COLORADO DEPARTME.. OF HEALTH Water Quality Control Department 4210 East 11th Avenue Denver, Colorado 80220 AMENDMENT TO SUMMARY OF RATIONALE FLATIRON PAVING COMPANY CLOUGH PIT PERMIT NUMBER: CO -0036471 GARFIELD/MESA COUNTY FACILITY DESCRIPTION: Flatiron Paving Company has requested that their permit for road construction operation be amended. The measurement frequency for oil and grease will be changed from weekly to monthly. All other permit limitations will remain the same. Kathryn Dolan September 10, 1980 PART I Page 4 of 13 PERMIT NO: CO -0036471 A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Continued) 2. Monitoring Requirements In order to obtain an indication of the probable compliance or noncompliance with the effluent limitations specified in Part I, the permittee shall monitor and report all effluent parameters at the following required frequencies. Effluent Parameter Measurement Frequency d/e/ Sample Type f/ Flow Monthly Instantaneous or continuous Total Suspended Monthly Composite or Grab Solids pH Monthly Grab Oil & Grease Monthly Visual or Grab Salinity g/ Quarterly Grab Self-monitoring samples taken in compliance with the monitoring requirements specified above shall be taken at all approved point source discharges as indicated on the area maps submitted pursuant to PART III A. d/ Monitoring is required only during periods of discharge. If "no discharge" occurs, this shall be reported at the specified frequency. (See Part B.) e/ Quarterly samples shall be collected during the months of March, June, September, December, if a continual discharge occurs. If the discharge occurs on an intermittent basis, all the samples shall be collected during the period when that intermittent discharge occurs. f/ See definitions, Part B. g/ Analysis for salinity may be either as Total Dissolved Solids (TDS) or by electrical conductivity where a satisfactory correlation with TDS has been established. The correlation should be based on a minimum of five (5) different samples. Amended AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Permit No.CO-0036471 County: GARFIELD/ MESA In compliance with the provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et. seq.; the "Act"), and the Colorado Water Quality Control Act (25-8-101 et. seq., CRS, 1973 as amended) Flatiron Paving Company - Clough Pit is authorized to discharge from their road construction operation, located along Interstate Highway 70 from four miles west of Rifle, Colorado to DeBeque, Colorado, to the Colorado River, in accordance with effluent limitations, monitoring requirements and other conditions set forth in Part I, II, and 111 hereof. This permit shall become effective thirty (30) days after the date of receipt of this permit by the Applicant. Should the Applicant choose to contest any of the effluent limitations, monitoring requirements or other conditions contained herein, he must comply with Section 24-4-104 CRS 1973 and the Regulations for the State Discharge Permit System. Failure to contest any such effluent limitations, monitoring requirement, or other condition is consent to the condition by the Applicant. This permit and the authorization to discharge shall expire at midnight, June 30, 1984. Signed this day of - COLORADO DEPARTMENT OF HEALTH Gary G. Broetzman D i recto r Water Quality Control Division Amended 12/79 STATE OF COLORADO RICHARD D. SAM, Gnvc•rnor DEPARTMENT OF NATURAL RESOURCES Harris D. Sherman, Executive Director r -- r7, ""; .`a7' fir,11:770 MINED LAND RECLAMA1ION 1 1 723 Centennial Building, 1313 Sherman Street I Denver, Colorado 80203 Tel. (303) 839-3567 GARFIELD MINIM GOEl11, David C. -Shelton Director ✓ MEMORANDUM DATE: Agyu5.r a C) / 2 TO: F(civew Cee- c-eC,�( iVMgVl 6 -civ--( e(U urt7 C�r,w:S3•�.,er5' / (�- & 6tte wood Sp -.is c (6, P) 601 FROM: M a Y It S. 1 ) e� 4� (o / u � r� f''t .e d Pursuant to the requirement of the Colorado Mined Land Reclamation Act* to inform counties and certain municipalities of Development and Extraction Permit applications filed with this office, please know that FIuh r6 196v;,1 Co. has filed to conduct of ell 1 Su,to( y,;uve/ mining at part n. f 4- k N W a„,2 rzl( r u T+ he S W 5fc- 1 �'oh )-7 1-6 S/P r9*W o 1- The' applicant proposes to reclaim thedsite for rk��elaNv�w`� ((;{e hc,{,( fa f-, The kr" pm deadline for persons to file statements regarding this operation, or to G�rf:Pl�l petition for a hearing before the Mined Land Reclamation Board to consider cotKt�, the granting of a Permit is set by law; for information please call this office. The applicant is obligated to show that the proposed mining and reclamation plans are in conformance with local zoning ordinances, subdivision regula- tions, or master plan, and is further required to place a copy of the appli- cation for public inspection with the Clerk of the county in which the proposed mine is situated. It is the Board's understanding that the Act intends for the application to be made available for public review and comment in an area close to the mine; it is not intended that it be made a part of public record by recording. The Board is tentatively scheduled to consider this application on Nn uec,.,b er /q- ,Zo) 19)f'O • We appreciate your cooperation in this matter and will be happy to answer any questions. 911(4, *Article 32 of Title 34, Colorado Revised Statutes 1973, as amended. Rev. 1/80